Fatima W/O Mohammad Hanif Makandar Vs the State by Bailhongal Ps.

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE (528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS PREPARED BY THE 1^ST RESPONDENT (BAILHONGAL P.S.) IN CRIME NO.0202/2017 AND IN CC NO.178/2018 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 384, 143, 147, 504, 506 149 OF OF IPC, PENDING ON THE FILE OF PRL.CIVIL JUDGE AND JMFC BAILHONGAL WITH RESPECT TO PETITIONERS/ACCUSED NO.1 TO 7 AND

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HC-KAR

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AMONGST THE OTHER GROUNDS AT THE TIME OF HEARING AND THE GROUNDS RELIED IN THE AVERMENT MAY BE CONSIDERED AS PART OF THIS PETITION.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE V.SRISHANANDA

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

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Heard Sri Anwarali D Nadaf, learned counsel for the petitioner, Smt. Girija Hiremath, learned High Court Government Pleader for the respondent No.1 and Sri K.M. Shiralli, learned counsel for respondent No.2.

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Petition is filed under Section 482 Cr.P.C., with the following prayer.

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“Wherefore, it is most humbly prayed before this Hon’ble Court be pleased to quash the entire proceedings prepared by the 1^st respondent (Bailahongal PS) in crime No.0202/2017 and in C.C.No.178/2018 for the O/P/U/S, 384, 143, 147, 504, 506 r/w Section 149 IPC, pending on the file of Principal Civil Judge and JMFC., Bailhongal with respect of petitioners/accused No.1 to 7, in the interest of justice.”

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HC-KAR

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Facts in the nutshell which are utmost necessary for disposal of the present petition are as under:

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3.1. Respondent No.2 filed a private complaint with the jurisdictional Magistrate which was referred to the police under Section 156 of Code of Criminal Procedure for investigation and report.

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Jurisdictional police namely Bailahongal Police after thorough investigation filed the charge sheet against accused Nos.1 to 9 for the offence punishable under Sections 143, 147, 384, 504 and 506 r/w Section 149 of IPC.

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In column No.17 of the charge sheet it has been made specifically clear that the complainant is an accused in S.C.No.247/2016 and is released on bail. When the complainant was in front of his house, petitioners and others came near his house and demanded sum of Rs.20,00,000/- and also threatened him over telephone number.

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Column No.17 of the charge sheet also reveals that per se the threat that has been given by the accused persons in

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HC-KAR

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the present case also shows that if the demand is not met, they would file further false cases against the complainant.

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Police has taken note of the telephone number with whom the threatening has taken place and collected necessary materials and annexed the same in the charge sheet.

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Whether at all the present petitioners who are the uncles of the victim of rape, which is now pending consideration in S.C.No. 247/2016 or not cannot be considered by this Court at the threshold and by holding a mini trial.

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Further, Sri Anwarali, learned counsel for the petitioners would also contend that the telephone number mentioned in column No.17 of the charge sheet does not belong to the petitioner.

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Whether at all, the said telephone was used in the incident and whether any nexus can be formed with the telephone number mentioned in column No.17 of the charge sheet and the alleged incident are all matters of evidence.

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While considering the request for quashing of the charge sheet, Courts have to be slow as the charge sheet

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HC-KAR

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materials would prima facie indicate the involvement of the petitioners in the incident.

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According to the petitioners, the allegations found in column No.17 of the charge sheet is false. Such an exercise cannot be carried out by this Court at this stage by holding a mini trial.

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Matter requires consideration and prosecution is expected to place such necessary evidence so as to establish the offences alleged against the petitioners and others.

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Suffice to say that charge sheet materials collected by the Investigation Agency makes out a triable case whereby the accused persons are required to stand for the trial.

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Therefore, this Court is of the considered opinion that the prayer for seeking quashing of the charge sheet cannot be entertained, based on the grounds urged in the petition.

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